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Demi Swain

Special Counsel

Perth

Demi is a commercial litigator with experience in high-stakes litigation involving complex commercial disputes including competition and consumer law claims, Corporations Act 2001 (Cth) claims (including shareholder disputes, misleading and deceptive conduct, oppression and insolvency), partnership disputes, equity and trusts disputes, tortious claims, restraints of trade and confidential information and employment claims.

She also advises clients on protecting and defending their reputations, including in matters involving online publications, media reporting and defamation proceedings.

Demi works to identify risk, resolve disputes efficiently where possible, and pursue litigation decisively where necessary. She delivers clear, strategic advice and strong advocacy, guiding clients through complex and often sensitive disputes with professionalism and discretion. Recognised for her dedication, Demi builds strong relationships with her clients by understanding their objectives and delivering tailored legal solutions.

Demi has acted as counsel, and instructing solicitor, in a number of trials, hearings and interlocutory disputes.

  • +61 8 6167 9871

Memberships, Accreditation and Activities

Demi was the Chair of the Law Society of Western Australia’s Young Lawyers Committee, a member of the Law Council of Australia’s Young Lawyers Committee and is passionate about advocating to improve the legal profession. Read more here.

Expertise

  • Defamation and reputation management
  • Contractual disputes (including mining, joint venture agreements, construction and employment)
  • Corporate disputes (including shareholder and partnership disputes, oppression and director duties)
  • Consumer disputes (including misleading and deceptive conduct claims)
  • Regulatory compliance disputes
  • Trial and litigation preparation.

Recent Matters

  • Acting as junior counsel or instructing solicitor in a number Supreme Court of Western Australia proceedings for the successful plaintiffs in contested defamation proceedings resulting in favourable judgment and award of damages
  • Acting as junior counsel for the successful plaintiff in breach of construction contract proceedings concerning complex contractual matters
  • Acting as counsel for an individual defending allegations of breach of confidentiality and restraint of trade in in proceedings seeking injunctive relief
  • Acting for an ASX listed mining company in relation to a misleading and deceptive conduct and breach of intellectual property claim
  • Acting for the plaintiff in a Supreme Court matter for an ASX listed mining company seeking recovery of liquidated damages arising from non-payment for the issue of director performance options.
  • Acting for a number of professionals in high-profile and sensitive regulatory proceedings in the State Administrative Tribunal
  • Defending former directors of a liquidated group of listed companies in relation to allegations of insolvent trading, uncommercial and voidable transactions, and breach of director duties and fiduciary duties.

Memberships, Accreditation & Activities

Demi was the Chair of the Law Society of Western Australia’s Young Lawyers Committee, a member of the Law Council of Australia’s Young Lawyers Committee and is passionate about advocating to improve the legal profession. Read more here.